LAND APPEAL NO

LAND APPEAL NO

The appellants were not properly served or notified of the ex parte hearing and judgment, and demonstrated sufficient reasons including possible illegality. The trial tribunal erred in refusing extension of time. The appeal is allowed and appellants are granted 30 days to file the application to set aside the ex...

Source-derived case information.

Citation
LAND APPEAL NO
Parties
Appellant: Issa Bashiri Mkutamo; Appellant: Mohamedi Liundi; Respondent: Fatu Dadi Mtunu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Appeal / Judgment on Appeal Against Refusal to Extend Time to Set Aside Ex Parte Judgment
Outcome
Appeal allowed
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Be Heard, Illegality as Ground for Extension
Source Language
english
Land Law Civil Procedure Extension of Time Ex Parte Judgment Right to Be Heard Illegality as Ground for Extension

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Parties

Issa Bashiri Mkutamo

Appellant

Mohamedi Liundi

Appellant

Fatu Dadi Mtunu

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal Against Refusal to Extend Time to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether appellants demonstrated sufficient reasons for extension of time to set aside ex parte judgment
  2. 2 Whether there was illegality in the ex parte judgment warranting extension of time

Ratio Decidendi

The appellants were not properly served or notified of the ex parte hearing and judgment, and demonstrated sufficient reasons including possible illegality. The trial tribunal erred in refusing extension of time. The appeal is allowed and appellants are granted 30 days to file the application to set aside the ex parte judgment.

Court Disposition

Appeal allowed

Orders

  • Appellants granted 30 days from judgment date to file application to set aside ex parte judgment
  • No order as to costs